Press Statement
For Immediate Release: 11.6.26
Contact: John Manning, media@firstliberty.org
Direct: 972-941-4453
Statement Regarding Texas Supreme Court Justice-Elect’s Comments About Marriage Officiants
Plano, TX—Newly elected Democrat Maggie Ellis, the next Chief Justice of the Texas Supreme Court, stated her intention to eliminate a religious accommodation that allows judges to publicly refrain from performing a marriage that conflicts with his or her sincerely held religious beliefs. Chief Justice Ellis’s position would require that a judge perform all marriage ceremonies or none at all.
The following statement may be attributed to Kelly Shackelford, President, CEO, and Chief Counsel for First Liberty Institute:
It’s sad that an incoming Justice’s first public statement is one against religious freedom. We’ve won in litigation on this very issue. Religious freedom and accommodation are fundamental rights rooted in the history and tradition of America.The new Chief Justice is off to a regrettable start. First Liberty stands ready to defend any judge affected by this policy.
Judge Dianne Hensley is a Christian, and her faith forbids her from officiating same-sex marriage ceremonies. To ensure that all residents of McLennan County had access to low-cost wedding ceremonies, Judge Hensley compiled a referral list of local wedding officiants that would perform same-sex ceremonies at her price. Despite her efforts and no complaints from the public, the State Commission on Judicial Conduct sanctioned Judge Hensley for her referral solution and accused her of violating certain canons of the Texas Code of Judicial Conduct. In October 2025, the Texas Supreme Court unanimously adopted a comment to the judicial canons prohibiting the Commission from punishing judges that opted-out of performing marriages that conflict with their sincerely held religious beliefs.
On January 9, 2026, the Texas Supreme Court ruled that the Commission has no authority under state law to discipline judges who refuse to perform same-sex weddings for moral or religious reasons.
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About First Liberty Institute
First Liberty Institute is the largest legal organization in the nation dedicated exclusively to defending religious freedom for all Americans.
To arrange an interview, contact John Manning at media@firstliberty.org or by calling 972-941-4453.
